Recent Cases

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd (No 2) [2024] FCAFC 44 (02 April 2024) (Yates, Markovic and Kennett JJ)


COSTS – application for lump sum costs order calculated on an indemnity basis – whether the failure of the applicants to accept an offer of compromise was unreasonable – where offer of compromise included payment of costs other than legal costs – where rejection of offer was not unreasonable – whether costs should be apportioned taking account of the parties’ success or failure on certain issues – costs awarded on a party and party basis without apportionment